Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1887-02-11

OANPIA. FRIDAY NEAlM, FEB. #. 1851
Legal Complications.

Legal toiilpilc.;iioll>.
The late decision Of the supreme
Court of the invalilitv OF the act con-
fcring suffrage upon women III this
Territory seems to he far-rcaching i'll
its effects, and unless wide latitude
is assumed in the recognition OF its
changes it effects in local jurispru-
d,nce will create much confusion.
The Tacoma .News says that "upon
the convcning Of the District Court in
Seattle, last Monday, United States At
turncy White raised the objection that
no legal term of the Court could then
toe held, since the act Of 1889, changing
the time OF holding the terms of the
District Courts WIS likewise imperfect
in its title, for the same reasons upon
which the decision against the woman
suffrage act was rendered, and there
fore void. Mr. White further claimed
that, according to the principle in
yolved in its own decision no legal term
of the Supreme Court had been held,
since its authority to sit ut that time
was derived from an act with the same
imperfect title. He believed in IL re-
hearing Of the case the decision would
be reversed, for the same judges, if they
were consistent, must decide that they
had no jurisdiction, since they were
not legally in session. Judge Greene,
after hearing arguments on both sides,
determined to hold the session of the
court, since he WAS clear in lis own
mind that both acts were valid, though
he believed that the logic advanced by
the Judges who delivered the opinion
in the Harlan case would nder this
act also void, because the title did not
state the object of the act. In case OF
any conviction at this term of court
it is more than likely that an appeal
will be taken to the Supreme Court on
the ground of no jurisdiction, and it
will be interesting to see how these
same judges will accept the fruits of
their former decision"
The Portland NeWs raises the ques-
ton as to whether the people of this
Territory held Il valid election last No
vember, as with the light now before
us We discover that several thousand
illegal votes were cast, when the ma
jority for Delegate to Congress was
barely 1000. 1t quotes Judge Nc
Crazy on claw of Elections" as fol-
lows:
cit sometimes happens that the officers
of election. though acting in good faith,
commit err: Ors which will vitiate the cleo
ton. Thus. if they have adopted an err
rOneOus rule in regard to the qualification
Guided, or illegal voters admitted, In
numbers sufficient to change or to render
doubtful the result. the election is void
unless there is proof upon which the poll
can he purged of illegal votes and the
true result shown"
The same rule will apply to the
county officers, the large majority of
whom were elected by majorities less
than the number of illegal votes cast.
There being no mode of purging the
ballot, the only recourse that suggests
itself would seem to be to declare the
ballot void. The provision of the Code
of Washington requiring that notice of
contest must be given within certain
time which has already expired, az
fords no relief if the published version
of Judge Langford's construction is
true and admissible, in which he
holds that the Code itself is void, mas
much as it "dOes not contain Il single
authenticated act of the Legislative
Assembly; that it contains no titles to
acts, no enacting clause, no signature
of the President, Speaker or Governor
that it contains no act or copy of an
act passed by the Legislative Assem-
bly,"
Our Portland contemporary says in
conclusion: "There lie probably no
question that if the women were legal
ly entitled to vote and were excluded
by the election officers from voting,
the election would be set aside. 1t is
difficult to see why the converse should
not hold true. If there was really no
law justifying the vote of the women,
whatever may have been the good
faith of the election officers in accept
ing them, it would seem to be a case
coming within the rule laid down by
Judge McCrary. So far as numbers
90, there were certainly sufficient of
such votes to change or render doubt
full the result, and therefore to render
void the election"
A regard for public policy would
probably 60 very far towards restrain
ing the Supreme Court from proceed
ing to the radical limit which Judge
Langford's opinion suggests. If the
Code should be destroyed, with all leg
islation dependent upon it, the evils
that would inevitably result would
prove a serious calamity.
THE Weekly Democrat, published in
Portland by Messrs. Sidney Dell and
]. B. Fithian, has been received. 1t is
an eight-page paper, made up chiefly
from the issues Of the Daily Democrat,
which has already attained an envia-
bic reputation as reliable newspaper
and safe political counsellor. The pro-
prietors are both sound Democrats and
practical business men. They deserve